10
30.
That, additionally, the State explained that legislative and other initiatives have been
set in motion in the City of Buenos Aires, including: 1) the 2004 amendment to the City
Code of Misdemeanors –created by virtue of Law No. 10 of 1998 and amended by Law No.
1472 of 2004-, Section 11 of which establishes “the ‘non-punishable’ status of teenagers
under the age of 18 for the commission of city misdemeanors” other than traffic violations;
2) Law 12 on “Misdemeanor Procedures,” establishing “a specific procedure for children and
teenagers charged with a misdemeanor”; 3) Law No. 1287, which creates a specific
procedure to be applied when a teenager is arrested for possessing, carrying and supplying
civilian weapons without being a licensed user; 4) Law No. 23950, which sets at 10 hours
the period during which a person may be held in detention by the Police Forces in the City of
Buenos Aires on the presumption that such person has committed or may commit a crime
or misdemeanor where such person has failed to sufficiently prove their identity, and 5)
Resolution 1623, of October 29, 2004, whereby the Ministry of Security of the Province of
Buenos Aires prohibited the holding of minors at police premises and forced the judges in
charge of them to have the police precincts relocate such minors to adequate facilities.
31.
That, in this regard, the representatives stated that “[e]ven though […] it is their
view that debating on and adjusting the Argentine legislation as regards the international
standards for the comprehensive protection of children and teenagers and as regards the
criminal procedure applicable to minors is very important, they consider that little does such
issue have to do with the subjects in question in the case of Walter Bulacio. This is so
because Walter [Bulacio] was not accused of any crime at all.” “In this regard, [according to
the representatives,] what the State is required to do is create a mechanism to analyze and
amend the legislation that is currently in force and the practices that allow arbitrary
detentions (such as detentions to verify identity, police edicts or razzias), which are
particularly serious when they involve children who have not committed any crime at all and
are performed without a warrant, as was the case with Walter Bulacio, and which leave
room for detention in inadequate conditions.” According to the representatives, “the
underlying issue in this case [is] the complex system of authority vested in the police and
other security forces by the State to make arbitrary arrests without a court warrant in cases
other than cases of flagrante delicto.” Thus, “it is necessary for the State to seriously
commit to modifying and correcting the practices related to the authority for detention –
either to verify a person’s criminal records or to verify the identity of a person–, which
practices are deeply rooted in the police and other security forces.” Moreover, the
representatives noted that “the State’s commitment […] is not limited to amending the
legislation in the Province of Buenos Aires –which is just one of the 23 provinces that make
up the State of Argentina- but extends to the entire national territory as well.” Lastly, they
noted that, so far, no meetings have been held between them and the State’s agents after
the private hearing of August 2008 to exchange information or make suggestions on the
subject.
32.
That the Commission “acknowledge[d] the legislative progress made by the State of
Argentina in connection with the protection of children and teenagers. It also
acknowledge[d] the importance of implementing an adequate procedural system to assess
offenses committed by minors, as well as to apply measures intended to reeducate the
offending minors. However, […] it note[d] that the […] subjects […] that are critical in order
to keep violations similar to those sustained by Walter Bulacio from recurring in the future
[are]: [1)] the State must adopt the factual and legal measures required to guarantee that
the facilities at which minors are held in detention are adequate and are properly monitored
on a permanent basis; and [2)] the State must take all such measures as may be necessary
to guarantee that detained minors are brought without delay before a judicial authority for a
ruling on the legality of their detention.” Furthermore, the Commission stated that, “so far,